Queen City Bank v. Hudson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fred "W. Hudson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 29th day of April, 1896, upon the decision of the court rendered upon a motion made at the Erie Special Term for judgment on the ground that the answer interposed by the defendant, Fred W. Hudson, was frivolous, with notice of an intention to bring' up for review upon such appeal an order entered in said…
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Appeal by the defendant, Fred "W. Hudson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 29th day of April, 1896, upon the decision of the court rendered upon a motion made at the Erie Special Term for judgment on the ground that the answer interposed by the defendant, Fred W. Hudson, was frivolous, with notice of an intention to bring' up for review upon such appeal an order entered in said clerk’s office on the 29tli day of April, 1896, directing the entry of said judgment.
1Opinion of the Court
Order affirmed on the opinion of Spbing, J., delivered at Special Term, with ten dollars costs and disbursements.
All concurred.
The following is the opinion of Spbing, J. :
Spring, J.:
The action is on a promissory note made by the defendant, Hudson, to the order of his co-defendant. The complaint alleges that the payee, “ for value and before the maturity of said note, duly indorsed and transferred the same to the plaintiff, which thereupon became and still is the sole, true and lawful owner thereof.”
The averment of denial of the defendant Hudson, who alone answers, is as follows : “ That he…
2Cases cited2 opinions
- Frasier v. WilliamsSupreme Court of Minnesota · 1870
- Morrill v. MorrillCalifornia Supreme Court · 1864
3Cited by3 opinions
- Byrne v. HegemanAppellate Division of the Supreme Court of the State of New York · 1897
- Citizens' Nat. Bank v. Warner & JacksonSupreme Court of Oklahoma · 1912
- Jones v. BrownNew York Supreme Court · 1899